IHC restrains administrative officers from giving decisions in pending cases as executive magistrates

ISLAMABAD: The Islamabad High Court (IHC) has restrained administrative officers under the Islamabad administration from deciding cases as executive magistrates, observing that only the courts in Islamabad can exercise judicial powers.

The court observed that the use of judicial powers against constitutional provisions is unconstitutional and has no status in the eyes of law. It further observed that judicial powers shall be exercised only under articles 175(3), 202 and 203 of the constitution.

The IHC’s Justice Arbab Mohammad Tahir issued a written decision on the request of Luqman Zafar advocate against the use of the judicial powers by the executive officers.

The court observed in the judgment that the Code of Criminal Procedure was amended in 2001 to withdraw the power of provincial governments to appoint executive magistrates. It took exception to the fact that the federal government could not issue the notification even after a lapse of 23 years.

The IHC restrained the executive magistrates from deciding the pending cases until the notification is issued. It observed that after the enactment of the amendment ordinance, the executive magistrates shall send the records of the cases to the relevant sessions judges, who shall refer the received files to the judicial magistrates for a decision in accordance with law.

The court noted in the judgment that Article 175(3) of the constitution is clear and unambiguous in that it separates the judiciary and the executive. It further said that a period of 14 years was also given to separate the judiciary from the executive so that the formalities could be completed, but that period also expired on 14 August 1987, and administrative officers are still exercising judicial powers.

The court observed that the delay in the separation of the judiciary from the executive beyond the prescribed time is unconstitutional. It also observed that every word of the constitution has a meaning and a purpose.

The court staged that under the amendment of the Code of Criminal Procedure, the power of the provincial government to appoint district and additional district magistrates was abolished and its scope was extended to Islamabad through the second amendment, which came into effect on 14th August 2001.

It observed that despite the lapse of 23 years, its gazette notification has not been issued by the federal government and the Ministry of Law could not give any reason for this delay even in a detailed reply.